allowable in the hands of the assessee in terms of Rule
37BA(2)(i) of the Income Tax Rules, 1962 (for short the Rules).
After ... rule 2(i) is in issue, in the present writ petition, it is
necessary to extract sub-rule 2(i) of Rule 37BA
assessee has not filed a declaration
from the deductor under Rule 37BA(2) of the Income Tax Rules, 1962 (hereinafter
referred to as the Rules ... record to show that the above procedure in terms of Rule
37BA(2) has been adopted by the appellant. In view of these facts
deductee has not fulfilled the
condition laid down under Rule 37BA(2) and it was accordingly held by
the ld. CIT(A) that there ... neither a deductee nor the condition laid down
under rule 37BA(2) are fulfilled. Accordingly, he upheld the order passed
by the AO rejecting
Income Tax (Appeals) has erred in
completely ignoring the Rule 37BA(2) which provide that
where under any provisions of the Act, the whole ... Appeals) has erred in
interpreting section 199 r.w.r. 37BA(2), in its letter and spirit.
The purpose of this rule is to ensure
provisions of Section 190 , Section 199 , Section
206C and the Rule 37BA(2)(i) of Income tax Rules.
Section 190 reads as under ... 2015 M/s Jai Ambey Wines Rule 37BA(2)(i) of
Income tax Rules as amended by the Income Tax (Eight amendment)
Rules 2011 reads
provisions of Section 190 , Section 199 , Section
206C and the Rule 37BA(2)(i) of Income tax Rules.
Section 190 reads as under ... 2015 M/s Jai Ambey Wines Rule 37BA(2)(i) of
Income tax Rules as amended by the Income Tax (Eight amendment)
Rules 2011 reads
provisions of Section 190 , Section 199 , Section
206C and the Rule 37BA(2)(i) of Income tax Rules.
Section 190 reads as under ... 2015 M/s Jai Ambey Wines Rule 37BA(2)(i) of Income tax
Rules as amended by the Income Tax (Eight amendment) Rules 2011
reads
only.
The assessee contended that filing of declaration under Rule 37BA(2) is
not mandatory but optional. She relied on the decision of the Pune ... follow in view of
section 199 read with Rule 37BA. He contended that Rule 37BA(2) is
procedural in nature and non-filing of declaration
only.
The assessee contended that filing of declaration under Rule 37BA(2) is
not mandatory but optional. She relied on the decision of the Pune ... follow in view of
section 199 read with Rule 37BA. He contended that Rule 37BA(2) is
procedural in nature and non-filing of declaration
claim for TDS has been made
as per rule 37BA. As per Rule 37BA(2)(i) a declaration has to be
filed with the deductor ... read with rule
37BA of the Income Tax Rules, 1962. The wording of the rule
37BA(2) is crystal clear that credit for tax deducted
